Getting The Information We Need: Compelling Discovery

In previous blog posts we have discussed the risks of not conducting discovery in divorce cases. In this post we will explore what happens when your spouse refuses to participate in the discovery process.
When a party issues his or her discovery requests, the requests will contain deadlines within which the recipient must respond. Depending upon the type of discovery requests issued, the required responses might be answering written questions (called “interrogatories”) under oath, or producing documents and other tangible things, or both. If your spouse does not respond to the discovery requests by the deadline, or if they provide incomplete responses, there is legal recourse available to compel their compliance. The attorneys at The Witt Law Firm have extensive experience conducting discovery, as well as pursuing opposing parties’ compliance with our requests for discovery.
Typically, if an opposing party fails to comply with our discovery requests, we will first reach out to his or her attorney to attempt to resolve the issue without requiring the court’s assistance. This first step is required under Illinois’ law and may resolve the issue of any outstanding discovery. However, if the opposing party still fails to comply with our discovery requests, we can then file a petition asking the court to compel the party to respond, or to fully respond, to our discovery requests. If the court finds that a party was without substantial justification when he or she failed to respond to discovery requests, the court may order the defaulting party to pay the reasonable attorneys’ fees incurred as a result of pursuing compliance. If the court enters an order requiring a party to comply with discovery requests and the party violates that order, he or she may be held in contempt for disobeying the court’s order. There are other remedies that may be appropriate depending on the individual circumstances of your case.

Recent Post

Order of Protection for Domestic Violence

Unfortunately, some Chicago divorces or Chicago child custody disputes involve domestic violence. When domestic violence, or the threat of domestic violence, occurs a victim may petition the court for an order of protection. An order of protection is a court order...

Key Differences Between Illinois Prenups and Post-nups

Illinois Premarital Agreements Most people have heard of premarital agreements (often referred to as "prenups").  The law defines prenups as contracts drafted and signed by a couple prior to their marriage.  Illinois has a statute, known as the Illinois Uniform...

Divorced Parents Disagree over Covid Vaccines

Now that Covid vaccines are approved for children that are 12 years of age and older, some Chicago divorced parents disagree over Covid vaccines. Specifically, some divorced parents disagree as to whether their children should receive the vaccine.  Some parents...

5 Common Divorce Myths You Might Believe Too

Too often, when contemplating divorce, people believe some common divorce myths that are seemingly based on common sense.  However, the facts are often different than what people think.  It can be detrimental to your case if you enter into divorce proceedings without...

categories

If you are looking for legal advice and representation with an Illinois divorce, schedule a consultation with experienced Chicago divorce attorney, Tanya Witt, at (312) 500-5400 or info@thewittlawfirm.com.

Representing men and women in Chicago divorce and child custody cases.

This blog does not constitute legal advice. Please consult with an attorney regarding your specific case.